Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
UK to retain current exhaustion regime for now

The UK IPO has announced that the government is not proposing to change the current exhaustion regime, following a consultation held last year.

In an update posted today (18 January), the government said that any change to the exhaustion framework has the potential to affect many business sectors and consumers. It added:

The government has completed an initial analysis of the recent consultation. Unfortunately, there is not enough data available to understand the economic impact of any of the alternatives to the current UK+ regime. As a result, it has not been possible to make a decision based on the criteria originally intended. However, the government remains committed to exploring the opportunities which might come from a change to the regime. Further development of the policy framework needs to happen before reconsidering the evidence and making a decision on the future exhaustion of IP rights regime.

There is no timeframe for a decision on the future regime, but a further update will be provided in due course.

MARQUES welcomes this announcement, which is in line with what MARQUES recommended in its submission to the consultation. The submission can be downloaded from the MARQUES website here.

The government has also published its summary of the responses to the consultation. In total, it received 150 responses. Of these, 71 were from business, 49 from organisations, 17 from individuals and 13 not stated.

The creative industries were most heavily represented, with 54 responses, followed by health (human/animal) with 39.

Under the UK+ regime, the UK permits the parallel importation of goods that have been first sold in other EEA countries. But parallel imports to the EEA from the UK are not permitted.

If you have any questions, please contact Roland Mallinson, Chair of the MARQUES Brexit Task Force, by email.

Posted by: Blog Administrator @ 19.16
Tags: exhaustion, Brexit, UK IPO,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5059
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355
+44 (0)116 2747365

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox